ATE Clinical Negligence
How to obtain insurance
We are happy to consider providing insurance through a delegated authority scheme or on an individual basis.
Delegated Authority Scheme
If your firm runs 50 or more clinical negligence cases on a CFA per annum, then we would be interested in discussing a delegated authority scheme with you.
Unlike other ATE providers, our schemes provide full delegated authority, giving the firm freedom to run the case to trial without having to obtain our consent every step of the way, for example, to make or reject offers of settlement or to issue court proceedings.
If you would like to talk to an underwriter about a delegated authority scheme, please contact us. Alternatively, please complete the Scheme Application Form and return it to us with supporting documents as requested on the form. One of the underwriters will then contact you to discuss a scheme.
Individual Cases
In order to ensure a spread of risk, we prefer to receive proposals after you have carried out a risk assessment and obtained preliminary medical reports but before a letter of claim is sent. That way, your client is insured as early as possible and you can proceed with the claim in the knowledge that your client is fully protected until the conclusion of the case.
It becomes much more difficult to obtain insurance as the case progresses. This is because once liability has been denied or negotiations have broken down, the risks in the case are much higher and insurers are not keen to go on risk at that stage.
The only exception to this is where you are seeking top-up insurance over and above a before-the-event policy. We are happy to consider these cases on a one-off basis.
If you would like to submit individual cases to us, please complete the Proposal Form and return it to us with supporting documents as requested on the form.
Track Record and experience
Our underwriting team is made up of both insurance professionals and lawyers.
We have been providing full delegated authority schemes since 2001. Many of our competitors have only recently begun offering insurance for clinical negligence and so their policies are only just being tested. On the other hand, we have insured cases to their conclusion, paid claims and assisted in recovering premiums. We have successfully defended challenges to our premiums in the Supreme Court Costs Office.
Many of our competitors often only delegate limited authority, so the solicitor is required to report back and obtain consent at various stages of the case. Our approach is different – we fully support the solicitors to whom we grant authority and we allow them to do what they do best – litigation.
Downloads
Proposal Form(PDF documents. You will need Acrobat Reader to open them).
Other after-the-event insurance products from Temple Legal Protection
